Madras High CourtCRL OP(MD)/8737/2019disposed of

Dinesh, S/O.Ramakrishnan v. The Deputy Superintendent Of

2019-06-24Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.8737 of 2019 1.Dinesh 2.Pragash 3.Vallarasu : Petitioners/Accused Rank not known Vs.

1.The Deputy Superintendent of Police, Pudukkottai District.

2.State rep. By Inspector of Police, Panayapatti Police Station, Pudukkottai District.

(Cr.No.35/2019) :Respondents/Complainants 3.Thanush : Respondent/Defacto Complainant PRAYER : Petition is filed under Section 482 of Criminal Procedure Code praying to direct the learned Principal District Court Judge (Special PCR Court), Pudukkottai to accept the surrender of the petitioner and consider their bail application on the same day on merits in relating to Crime No.35 of 2019 dated 10.06.2019 on the file of the respondent police.

For Petitioners : Mr.K.Loganathan For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

The petitioners seek for a direction to the learned Principal District Judge (Special PCR Court), Pudukkottai, to consider their bail application to be filed in Crime No.35 of 2019 on the file of the second respondent police and to accept their surrender on the same day on merits.

2. The petitioners are the accused for the offences punishable under Sections 147, 148, 294(b), 323, 324 of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(Va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No.35 of 2019, pending on the file of the second respondent police and apprehending arrest, they have filed the present petition.

3. Heard the learned counsel appearing on either side and perused the materials available on record.

https://hcservices.ecourts.gov.in/hcservices/

4. Considering the nature of offences alleged against the petitioners and also considering the fact that anticipatory bail cannot be granted in respect of offences punishable under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, this Court feels it appropriate to direct the petitioners to surrender before the learned Principal District Judge (Special PCR Court), Pudukkottai, within a period of two weeks from the date of receipt of a copy of this order and file a bail application and on filing such bail application, the learned Judge is directed to consider the bail application of the petitioners on merits and pass appropriate orders on the same day of their surrender. The petitioners are directed to comply with the provisions under Section 15-A(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

5. The Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS) To 1.The Principal District Judge (Special PCR Court), Pudukkottai 2.The Deputy Superintendent of Police, Pudukkottai District.

3.The Inspector of Police, Panayapatti Police Station, Pudukkottai District.

(Cr.No.35/2019)

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.K.LOGANATHAN, Advocate, SR.No.70907 Order made in CRL.O.P.(MD).No.8737 of 2019 24.06.2019 TA KK/SAR/01.07.2019/2P-6C https://hcservices.ecourts.gov.in/hcservices/